Judge Kelly asked this question earlier today, echoing the arguments of Novak Djokovic's lawyer, Nick Wood.
Mr Wood had argued that the player had done "everything required of him by Tennis Australia", which granted him the exemption from the country's entry rules requiring foreigners to be fully vaccinated.
The government's lawyers had not even begun their submissions. But much about Judge Kelly's tone in the hearing felt quite telling.
He described how the tennis star was held for hours after a long journey, and was rushed to accept the decision that his visa has been revoked without being given time to consult his lawyers or Tennis Australia.
It felt like the government's lawyers would have a tough job on their hands. In the end, it seems they did too.